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The Principle of Estoppel in Civil and Arbitration Proceedings

Student: Andrei Cholak

Supervisor: Ekaterina Evgenievna Yagunova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

Over the past decade, Russian courts have increasingly applied the principle of procedural estoppel to inconsistent misconduct. This principle was repeatedly referred to by the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation. Moreover, the procedural estoppel is found in the text of the Concept of a unified procedural code. This Bachelor's thesis examines the main problematic issues of the application of procedural estoppel in Russian civil and arbitration proceedings. The article considers the theoretical and practical aspects of the application of procedural estoppel, in particular the expediency of applying the doctrine of legitimate expectations and other conditions for qualifying the “estoppel situation”. From a practical point of view, the main problems arising in the justification of the procedural estoppel, as well as the main procedural actions to which it is applied, have been studied. A critical analysis of the main doctrinal positions, as well as judicial practice, including the USA and Great Britain, is carried out. The conclusion is made about the inexpediency of applying the criterion of legitimate expectations to the procedural estoppel and its focus primarily on the interests of justice, the need for its more frequent application not only in arbitration courts, but also in courts of general jurisdiction. Arguments are given about the importance of clarifications of the Supreme Court of the Russian Federation on the main issues of the application of procedural estoppel in order to expand the list of situations in which this principle is applied. Proposals were also made to improve this principle, based on the findings of foreign doctrine and judicial practice. Key words: procedural estoppel, inconsistent behavior, legitimate expectations, prohibition of contradictory behavior, venire contra factum proprium, conscientiousness, competition.

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